Domestic Violence Flashcards
Domestic Violence
a. Physical
b. Sexual
c. Psychological
d. Financial
The goal of the abuser is to maintain _____ and ______
Power and Control
When it comes to DV, law enforcement has three primary responsibilities:
a. Provide physical safety & security for victims
b. Assist victims by coordinating their referral to support services
c. Arrest the DV perpetrator as required by law
Abuse
a. Attempting to cause or causing physical harm;
b. Placing another in fear of imminent serious physical harm;
c. Causing another to engage involuntarily in sexual relations by force, threat or duress.
Court (4 types under c.209A S1):
a. Superior
b. Probate and Family
c. District
d. Boston Municipal
Court - when dealing with substantive dating relationship
Probate and Family
District
Boston Municipal
Family or Household Members (209A)
a. Are or were married
b. Are or were residing together in the same household
c. Are or were related by blood or marriage
d. Have a child in common
e. Are or have been in a substantive dating or engagement relationship based on the following factors:
i. Length of the relationship
ii. Type of Relationship
iii. Frequency of interaction
iv. If relationship is terminated, the Time since Ending of the relationship
Vacate Order:
court order to leave & remain away from premise & surrender forthwith any keys to said premise
a. Basic Protection shall include:
i. Defendant shall not damage any of the plaintiff’s belongings
ii. Defendant shall not shut off any utilities or mail delivery
iii. Defendant shall not interfere in any way with the plaintiff’s right to possess such residence
Extended Scope:
i. Multiple family dwelling; and/or
ii. Plaintiff’s workplace
Surrender of Firearms (c. 209A s. 3B)
LTC
FID
Firearms
Ammunition
Rifles
Machine Guns
Shotguns
Petition for Review:
ANY defendant may petition such action and will be heard no later than 10 COURT BUSINESS days
Employment
court shall order a hearing no later than 2 COURT BUSINESS days
Temporary Order (C. 209A s. 4)
a. 10 court business days
b. May be extended up to a year or not to exceed 1 year
c. The court shall give the defendant an opportunity to be heard on the question of continuing the temporary order no later than 10 court business days after such orders are entered
Emergency Order (C. 209A s. 5)
a. Courts are closed
b. Good until NEXT court business day (plaintiff or a representative must appear)
Powers, Duties, and Responsibilities (C. 209A s. 6)
a. Remain on scene
b. Assist in obtaining medical treatment for the victim
c. Assist in locating and getting to a safe place
d. Notice of his/her rights by reading Abuse card and giving a written copy
e. Activating the emergency judicial system when court is closed
f. Inform the victim that the abuser will be eligible for bail and be promptly (after 6 hours) released
g. Shall arrest the perpetrator as required by law, officer witnesses or has PC to believe violated a restraining order
Shall Arrest
Have PC to believe person violated an RO
Arrest Preferred Response
When we have PC that a person committed a felony, committed a misdemeanor involving 209A abuse, commit A&B Ch265 S13A
Violation of Protection Order/Restraining Order (C. 209A s. 6&7)
order to CONVICT defendant of violation:
i. Order issued by court
ii. Order in effect on date of violation
iii. Defendant knew of order by having been served in hand or some other way (or by having actual knowledge of the order through other means – “Notice of Order”)
Proof of Notice
so long as the prosecutor can prove that the defendant had actual knowledge of the terms of the order, the burden of proof will be satisfied.
Defendant violated the order by failing to vacate or by “abusing” plaintiff
Direct or Indirect violation by failing to
i. Refrain from abuse or contacting, or
ii. Follow vacate order protections, or
iii. Follow surrender/suspension order
Direct
no need to prove that the defendant intended to violate order
Indirect
must prove that the defendant intended the 3rd party to violate order
Victim can ______ violate an order, the order only changes by a ______ _______
NEVER; COURT RULING
MGL C. 265 s.13M: Domestic Assault or Domestic A&B
Family or household members who are involved in “INTIMATE RELATIONSHIPS”
b. EXCLUDES persons residing in the same house or related by blood
Family or Household Members under C. 265 s.13M
a. Are or were married to one another
b. Have a child in common
c. Are or have been in a substantive dating relationship based on:
i. Length of time
ii. Type of Relationship
iii. Frequency of interaction
iv. If relationship is terminated, the length of time elapsed since the termination of the relationship
d. Engagement relationship
Rule 327 Protection of Abused Persons
a. DV calls are Priority 1, two officers sent
b. Dual Arrest is discouraged - if you have to call a PS and do a Form 26 and 1.1
c. Misceling DV Calls – ONLY:
i. 6 Boy: no such person can be found
ii. 6 Charlie: no such address
d. 85 % of women seeking shelter from DV report animal abuse
e. Child abuse and neglect
i. immediate verbal report to DCF
ii. within 48 hrs file a 51A
Rule 372AA: BPD Employee in DV as victim or suspect. Duties of Responding Officers:
i. Immediate safety
ii. Request PS to scene
iii. Comply with 209A
iv. 1.1 will list occupation as “dept. Employee”
v. Remain on scene until relieved by superior
vi. NEVER MISCEL A CALL
Chapter 258E: Act Relative to Harassment Protection Order
a. Victims of criminal harassment, stalking, sexual assault, regardless of relationship with defendant
b. Abuse, but not in an intimate relationship
c. Violation = Arrestable Offense (same as RO)
Parental Discipline must be
Reasonable
Animal Abuse: The Link
i. Strong Link Between DV, Child Abuse and Animal Abuse
ii. Batterer’s first victim is usually an animal, followed by a child/adult
Animal Abuse: Establishing the Connection
i. 70% involved in animal abuse are involved in other crimes
ii. 5x more likely to commit violence against others
iii. 4x more likely to commit property crimes
iv. 3x more likely to be involved in drunk/disorderly offenses
Animal Abuse: Common Intersections with Animals
i. DV: 18-59% victims delay leaving out of concern for their pet
ii. Hoarding: of animals intentionally or unintentionally
iii. Child Sexual Abuse: abusers harm pets to coerce children
iv. Juvenile Offenders: children hurting animals
Animal abuse: Why is the link important?
i. Animal cruelty is a crime
ii. Animal abuse often occurs in conjunction with other crimes
iii. Animal Abuse rarely occurs in isolation
iv. It affects human safety → can prevent by paying attention to animal abuse as a potential indicator and predictor for other crimes
v. Animal abuse can identify other people engaging in other crime
1. Animal cruelty is a better predictor of sexual assault than homicide, arson or firearms
Animal Abuse: ______ includes animal crimes, is incident based and nationwide
National Incident-Based Reporting System (NIBRS)
Animal Abuse: How are cases reported?
Neighbors, Observations, Cross reporting (DCF), Veterinarians
Animal Abuse: MGL 209A s11 Abuse Prevention Order
i. Court may order possession of a domesticated animal to the plaintiff in a restraining order
ii. Person is more likely to remain in abusive relationship because of pet
Strangulation Cases: Petechiae
one or more red spots in eyes or eyelid brought on by the bursting of capillaries
3 Forms of Strangulation
i. Manual → most common
ii. Ligature
iii. Hanging
Strangulation: Questions to ask while interviewing
i. Was it with one hand or two?
ii. Did he use another part of the body
iii. Was it from the front or behind?
iv. Was a ligature used?
v. How did it stop?
vi. What did you feel or think?
vii. Did you wet your pants
Do NOT ask the victim for EMS…
we always immediately call for strangulation
Many say “______” is what made them believe their partner may kill them
Choking
What kind of report in a strangulation case?
Detailed, thorough 1.1
Reasons Victims Recant
a. Feelings of Guilt
b. Children/Pets, Keeping the family together
c. Fear of further Harm
d. Financial Reasons, they have no money
e. Safety, they have no other place to go/live
